- 29 - evidence. Instead, respondent relied heavily on the economic analysis of Clark J. Chandler (Chandler) to support respondent's section 482 allocation. Respondent neither presented an alternative CUP analysis nor proposed specific adjustments to petitioner's analysis. Chandler used two cost-plus alternatives. One, using IEC as a cost-plus comparable, resulted in a weighted average markup on total Compaq Asia standard costs of 15.2 percent. After he factored in accounting differences between Compaq Asia and IEC, the result was a weighted average markup on Compaq Asia standard costs of 6.5 percent. Based on an analysis of operating margins and operating profits as a percent of average operating assets, as well as on an analysis of operating assets divided by total assets, Chandler concluded that respondent's determination was reasonable. He also used underlying data from IEC to determine weighted average CUP/cost-plus markups over Compaq Asia total standard costs of 12.2 percent for 1991 and 14.2 percent for 1992. Chandler, however, used unrealistic material, labor, and overhead markups in applying his formulas. If markups in the range of industry markups are used, the results of Chandler's analysis bear no recognizable relation to respondent's notice amounts. As set forth below, petitioner's CUP analysis establishes an arm's-length price for PCA purchases by CompaqPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011